• Confirmation deed with property extent changed

I want to know if deed of confirmation can be executed from original owner again now after 24 years ? As the land was bought though owner’s G.P.A.holder and now split to 3 people and 2 of them are planning to get confirmation deed from original owner for their portion only leaving mine.. but can they get confirmation deed only to their extent and leave my portion now ? As originally it was bought from G.P.A. holder as 4 acres land out of which mine portion is now 1.25 acres the other 2 people is 1 and 1.15 acres which was actually bought after sale of G.P.A. to 3rd party and we got it registered from 3rd party our separate portions.
As they are now planning to get confirmation deed from original owner by paying some deal amount to owner and the lease agreement holder instead of fighting in court.
Will that stand now ?
How to go about it suggestion please. Should I join with them in deal now ? Instead of fighting the lengthy court process and pay hearty amount or if they withdraw our joint court proceedings By getting confirmation deed ?
Issue is original owner has fraudulently got into lease agreement with another person now.. so we all are afraid to fight in court instead get outside deal done paying heafty which I am not ready but my neighbour parties of the 4 acres are planning to.
Asked 1 year ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

Dear Client,

Legally, a confirmation deed can be executed at any time, even after a long period, if the original owner is still willing to confirm the transaction. The other parties' plan to get a confirmation deed for only their portion of the land without including your portion is legally possible. The law does not require that a confirmation deed cover all parts of a transaction if the original sale has been divided. Each party can individually confirm their portion with the original owner. However, this could lead to complications, especially if the original owner later disputes your portion of the land or if the other parties withdraw from any joint legal proceedings. The fact that the original owner has fraudulently entered into a lease agreement with another person adds complexity. Joining the deal might be a pragmatic solution if you believe that it will protect your interests and avoid the uncertainty of lengthy court proceedings. However, it is essential to ensure that your portion of the land is also confirmed in the deed, and you should not be left out of any negotiations. Given the complexity and potential for disputes, it would be wise to consult with a property lawyer.

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

It is not very essential for you to follow the footsteps of your neighbor in this regard.

You have purchased the proeprty by a registered sale deed hence the fraudulent leas agreement of the owner at this stage is not binding 

The owner cannot deny of having executed the power of attorney to his power agent hence you should not get scared about the court case, you can very well engage an experienced lawyer and fight your case, let it go on for years, the justice is in your side, you can succeed in the case if you challenge the same properly, it is left to your prudence and experience.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

Deed of confirmation can be executed after lapse of 24 years 

 

2) you should join hands with other 2 parties 

 

3) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Deed of confirmation would confirm sale deed made by GPA on his behalf 

 

2) it would be in respect of 4 acres sold by GPA holder 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

The concept of confirmation deed itself has been created as a shortcut to reestablish the title by the other owners to secure their share of property to avoid the court case. 

It is not a proper procedure because the case that has been filed is nothing but another ploy to extort money. 

Therefore you may challenge the case directly before court instead of compromising with the owner for a hefty amount 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

Dear Client,

The original owner executed the sale of the entire 4-acre property through a General Power of Attorney. When the sale was completed, the original owner transferred all rights, title, and interest in the 4 acres to the purchaser(s). Under the Transfer of Property Act, 1882, once the sale is executed and registered, the original owner loses any claim over the property. The ownership rights are fully transferred to the purchaser. A confirmation deed is used to ratify or rectify an earlier transaction. The confirmation deed cannot be used to alter the fundamental nature of the original transaction or divide the property differently from the original sale. After the original sale, the property was divided and sold to different parties. These subsequent sales have been registered, and each party now owns their respective portions. Since the original owner has no remaining rights in the property, she cannot execute a confirmation deed for only a portion of the land without including the entire 4 acres. The original owner's fraudulent lease agreement with another person adds another layer of complexity. While joining the deal with the other parties might seem like a practical solution, it’s important to ensure that your rights are fully protected. If you prefer to stick with the court proceedings, you may argue that the original owner cannot legally execute a confirmation deed for only a part of the property. Given the complexity of the situation, it’s advisable to consult a property lawyer who can help you protect your interests effectively.

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer